The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-03-17
An EXCEPTION TO EXCESS
THE SCHOOL DIRECTORS KICK
AGAINST $4,000 FEES
Granted Attorneys by Trustee G. Z.
Smith In the W. II. Bolton
BeQuest 10 Schools.

Messrs. d. c. Slaughter, as chairman
OF the County Court, and j. A. Clai-
borne, A. T. Chambers and Barnett,
"a School Directors OF the First Civil
DietriCt, yesterday fled in the Chan
Gerry Court bill OF exceptions to the
report OF O. l.. Smith in the case OF l..
A. Cameron vs. +. M. AppersoD, to
wind up and settle the administration
OF the estate of w. H. Bolton, de-
ceased. The bill also takes in the re-
port of the Clerk aud Master of the
Chancery Court in The same case, filed
thereon July 20, 1886.
Tho bill relates that O. 4. Smith as
sumed the authority to settle attor-
neys' fees for services rendered, which
authority was not delegated to him in
the decree or order appointing him as
trustee. The amounts thus paid out
were as follows:
Note Of Tayl ..'..........-..slQ'520 20
Note Of Turley. ..;. ...; ...........".,. $3.50 IS
Note OF Meyers 4 Sneed. ........,........ 62S6 90
Note OF Meyers X Sneed.,".""."...." 2,2g2 81
Tot,l............................ Us 900 o.
These notes were turned over to said
Smith by tho clerk as assets Of Bottoms
estate. These fees were not Fixed by
any order of tho court trying the case,
and O. + Smith, without any author.
ity OF law or instructions from the
court, paid the came upon his own
motion and at his peril. Respondents
further say that the fees are excessive,
and not commensurate with the SER
vices rendered or the amount really
collected.
Exceptions are further takon TO the
amount of compensation, l2039 "a,
allowed Trustee Smith by the Clerk
and Master, on the showing of his re.
port of 10 per cent. on $l6,443 II, and
/ per cent. on $39,527 IS, which last
amounts were notes delivered TO him
by the Clerk OF the Supreme Oourt.
These notes were given by the LITER
ent parties for money borrowed from
the court after II had been paid 10 by
Il. M. Appeison, executor, ard was
therefore virtually in the hands OF the
Clerk before Smiths appointment.
Respondents aver that they are adj
vised and believe that Taylor x Orr
roll represented the intt rect of the
school futd (deviRed by W. III. Boil
| toni, in the cause Of l. A. Cannon We.
Il. NJ. Apperson, as executor which
action was brought to force a final set
Element OF the estate Of Bolton by tie
executor.
They are willing to and do admit
that the cause was stubbornly con-
tested by Apperson rs to several ques.
tons presented by the pleadinge, and
that it was appealed to the Supreme
Court. There long and holly con-
tested trial was had, lasting about a
week. Appereon, however, made no
contest, but admitted large amount
due by him as executor. They are
not advised by what authority Taylor
q Carroll represented the school fund
| In said bequest, ald tlat the fund,
being trust, Taylor & Carroll would
hold any excess in their hands as
trustees for the came.
In order that the mat or may DO
fully adjusted, respondents pray that
Msssrs. Taylor & Carroll BIO sublm'
nsed to appear and show cause why
they should not be held as trustees as
to any excess in their hands over and
above reasonable fee for their setv-
ices. The court Is also asked to take
etepB 10 determine what amount would
cons itute such fee.
b. f. Kimbrough, l.. E, Wright ard
Graf. & Cooper appear as solicitors for
the exceptors anu petitioners.
The School Directors are, 1t is
thought, too late In making this move.
The Supreme Court of the State has
already passed upon these fees and de.
clsred them valid end just and allowed
| them,